Terms And Conditions
1 INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are 34 St John Limited trading as “34 St John”.
1.2 We are a limited company registered in England and Wales under company number 14474879.
1.3 We have our registered office at 12a Fleet Business Park, Sandy Lane, Fleet, England, GU52 8BF. Our VAT number is GB 232 6551 78.
1.4 Please use the following contact details:
1.5 Where we need to contact you will do so by using the email address, the telephone number or postal address you have provided to us.
1.6 When we use the words “writing” or “written” in these Terms, this includes emails.
2 CONSUMERS ONLY
2.1 These Consumer Sales Terms and Conditions (“Terms”) apply to all sales of our products to consumers made via our website – www.34stjohn.com.
2.2 We do not sell our products to trade, business or professional customers. Please contact us via email if you want to purchase our products for trade, business or professional use. We will specify to you the terms which will apply.
2.3 Please read these Terms carefully before you submit your order. These Terms tell you:
3.1 We sell our products to you directly.
3.2 We, however, also distribute our products via a range of independent showrooms.
3.3 You may purchase our products from these independent showrooms. If you do so, your contract for the purchase of the products is with that independent showroom and not us.
3.4 If you have any queries regarding the purchase, you should contact the relevant independent showroom. We have no responsibility for such purchases.
4.1 Our acceptance of your order will take place when we email you to accept it. This is the point at which the contract will come into existence between you and us. You will be given an order number.
4.2 All orders are subject to acceptance and availability and to our age verification process.
4.3 We will inform you if we are unable to accept your order. We will not charge you. We may not be able to accept an order because:
5 YOUR LOCATION
5.1 Our website is solely for the promotion of our products to Mainland UK (meaning England, Scotland and Wales, but excluding Northern Ireland, the Scottish Highlands and the Channel Islands).
5.2 If you are based outside of the Mainland UK and would like to place an order with us, please contact us so that we can determine whether we will be able to assist you.
6 AGE CRITERIA
6.1 By placing an order with us you confirm that you are at least 18 years old.
6.2 You will be required to provide certain information with your order as part of our age verification process. If we (or our couriers) are in doubt as to your age or cannot verify your age using the information provided we may request that you (or the person taking delivery of the products) provide additional information to confirm your age.
7 PRODUCT DESCRIPTIONS AND IMAGES
7.1 Our product specifications are approximate and intended as a guide only. We always try to ensure all product descriptions are correct. However, please seek technical advice from qualified professional sources prior to ordering products and any work to be carried out.
7.2 The images of the products on our website are for illustrative purposes only and the products may vary slightly from those images. The packaging of our products may also vary from any which is shown on our website.
7.3 Please note that some of our products (e.g. bathroom furniture) may need alterations to meet your specific requirements. This could be because of space constraints, slopes in your house and pipework. Any such alterations are carried out at your own risk, and the resulting alterations may mean your product guarantee is no longer valid.
8.1 We may provide products based on your measurements. If this applies, we will confirm this during the order process.
8.2 You are responsible for making sure any measurements you provide to us are correct. We are going to rely on them when supplying the product to you. We are not responsible if you get the measurements wrong, unless our guidance to you regarding how to take measurements was incorrect.
8.3 Please contact our Customer Service Terms for guidance on how to measure for our products.
9 BESPOKE PRODUCTS
9.1 We make bespoke products for our customers to suit your individual needs an requirements.
9.2 We make bespoke products to order and do not hold them in stock. We will confirm with you at the time of order whether we are providing a bespoke product.
9.3 Please note that bespoke products cannot be cancelled, returned or exchanged once we have accepted an order.
9.4 Our bespoke products may also have different delivery timeframes due to them being made to order.
9.5 We owe you the same quality obligations in relation to bespoke products. See clause 21 (Product Guarantee).
10 DESIGN SERVICES
10.1 We offer a design services to our customers to help you with the design for your bathroom project.
10.2 We have separate terms which apply to our design services, with such terms being available at [INSERT LINK][INSERT].
11.7 Shopify accept the following credit or debit cards – VISA, Mastercard, Debit Cards and AMEX. We will also take Apple Pay, Google Pay, PayPal and Amazon Pay.
11.8 Payments for our products can only be made in UK Pounds Sterling (GBP).
11.9 If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
11.10 If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
12 PAYMENT OPTIONS
12.1 We offer alternative payment options through our use of Shopify.
12.2 Our arrangements with Shopify allow our UK customers to use the Klarna Pay Later payment options as follows:
12.2.1 “Pay in 3 Instalments”;
12.2.2 “Pay in 30 Days”.
12.3 Klarna's Pay Later options are unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. Payment option is only available to customers 18 years old or over and subject to status. Late payment fees apply.
12.4 Klarna – “Pay In 3 Instalments” terms and conditions are available at - https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en-GB/paylaterin3
12.5 Klarna – Pay in 30 Days terms and conditions are available at - https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en-GB/payin30bycard
13 PROMOTIONS AND OFFERS
13.1 We may provide customers with promotions and offers on specified products within our product range from time to time.
13.2 Details of any promotions and offers will be set out on our website along with the relevant terms that apply.
13.3 Pricing promotions and offers will be applied during the order process.
14 YOU WANT TO CHANGE THE ORDER
14.1 Please contact us if you wish to make a change to the products you have ordered. We will let you know if the change is possible.
14.2 If it is possible we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
14.3 If we cannot make the change or the consequences of making the change are unacceptable to you, you can end the contract in accordance with these terms and conditions.
15.1 Our delivery costs will be set out in the order process.
15.2 We allow you to book a delivery date during the order process.
15.3 Our earliest delivery date will depend on a variety of factors, including the products ordered, our stock levels and your location. We will confirm the delivery date and time slot following our order confirmation.
15.4 Further to clause 15.3, our provided delivery date for delivery of the products will be within 30 days after the day on which we accept your order (unless we agree alternative arrangements with you).
15.5 Our estimated minimum delivery times are as follows (but are subject to confirmation in accordance with the process set out in clause 15.3):
15.6 We will call you the day before the scheduled delivery date to discuss the delivery
15.7 Our delivery process operates as follows:
15.7.1 we deliver the product to the kerbside at the address given in the order. This means the products are delivered to the nearest kerbside to the delivery address;
15.7.2 you are required to collects the products from the kerbside. We will not deliver them onto your property or carry them into your house;
15.7.3 if no one who we reasonably believe to be over the age of 18 is available to accept delivery at this address, a delivery card will be left explaining where to collect the package or how to rearrange delivery;
15.7.4 if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs;
15.7.5 if, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
15.8 We reserve the right to apply a re-delivery charge where we arrive at the delivery address on the delivery date (within the allotted timeslot) and delivery cannot be completed due to reasons outside our control (e.g. you not being home to take collection). Our redelivery fee is currently £50.
15.9 The product will be your responsibility from the time we deliver it to the address you gave us in your order or as otherwise specified in your delivery instructions.
16 DELIVERY RESTRICTIONS
We are only able to deliver products to Mainland UK (meaning England, Scotland and Wales, but excluding Northern Ireland, the Scottish Highlands and the Channel Islands).
17 LATE DELIVERY
17.1 If we miss the delivery date we specify for any products, you may cancel your order (within 3 days of the specified delivery date) if any of the following apply:
17.1.1 we have refused to deliver the products;
17.1.2 you told us before we accepted your order that delivery within the delivery deadline was essential.
17.2 If you don't wish to cancel your order (within 3 days of the specified delivery date) or don't have the right to do so, you can give us a new deadline for delivery, which must be reasonable. You can cancel your order if we don't meet the new deadline.
17.3 If you do choose to cancel your order for late delivery, you'll have to return them to us or allow us to collect them, and we'll pay the costs of this. After you cancel your order, we will refund any sums you have paid to us for the cancelled goods and their delivery.
18.1 Please make sure you inspect your products as soon as you receive them and let us know within 48 hours of receipt if an item is damaged, by contacting our Customer Service Team.
18.2 Once the damage has been confirmed, we’ll ensure a replacement is sent free of charge, and with the minimum of fuss.
We don’t provide an installation service for our products. We advise you not to book installers or undertake any preparatory work until your products arrive.
20 RETURNS AND EXCHANGES
20.1 You have a right to change your mind and return or exchange your order within the following time frames:
20.1.1 Returns - 14 days of receiving it unless one of the legal exceptions applies;
20.1.2 Exchanges – 14 days of receiving it unless one of the legal exceptions applies.
20.2 If you return or exchange your order within this period, you must return the products to us following our returns procedure as set out below.
When you can't change your mind.
20.3 You cannot change your mind about an order (be that a return or exchange) for the following - unless there is a fault with the products:
The deadline for changing your mind.
20.4 If you change your mind about a product you must let us know as follows:
20.4.1 Returns - no later than 14 days after the day we deliver it;
20.4.2 Exchanges - no later than 14 days after the day we deliver it.
Letting us know you want to cancel or exchange your order
20.5 You should contact our Customer Services Team (by phone or email) to let us know you want to return or exchange your order. Please provide your name, home address, details of the order and, where available, your phone number and email address.
You have to return the product at your own cost.
20.6 You have to return your product to us within 14 days of your telling us you have changed your mind and wish to return or exchange the product.
20.7 Product returns and exchanges are at your own cost. We only pay return delivery costs where the products are faulty.
20.8 You can send the product back to us via the following methods:
20.8.1 Our Delivery Partners – by arrangement with our delivery and collection partners. We will liaise with you on the collection arrangements, times and costs;
20.8.2 Your Chosen Delivery Service - using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.
For help with returns and exchanges, including our collection arrangements for products which cannot be posted, please contact our Customer Services Team.
We only refund standard delivery costs.
20.9 We don't refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product.
20.10 If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value.
20.11 For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: can advise you on whether we're likely to reduce your refund.
When and how we refund you.
20.12 If you tell us you've changed your mind about a product that hasn't been delivered or one that we're collecting from you, we refund you as soon as possible and within 14 days. If you're sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
20.13 Where you return a product for exchange, you will need to select a product (or products) which meets the equivalent value of the exchange product.
20.14 You will need to pay our delivery costs for delivering the new products to you.
21 PRODUCT GUARANTEE
|Shower Heads||5 years|
“Lifetime” guarantee is a period of 25 years from delivery.
*“Toilet Seats” guarantee is for a period of 2 years from delivery.
**“Taps and Thermostatic Shower” guarantee does not cover thermostatic or diverting cartridges as the functionality depends on the water conditions and the periodical maintenance and cleaning recommended.
21.2 We offer a free product replacement or replacement part (or nearest product equivalent) for products that don’t meet their guarantee. Our guarantee only covers a replacement product and not any knock-on consequences such as removal and installation costs.
21.3 We will require original proof of purchase to be provided for us to be able to consider any claim. Please keep your receipts and invoices.
21.4 The guarantee is only enforceable by the purchaser of the product or the first end user, where this is different.
21.5 Our guarantee is subject to the following conditions:
21.5.1 our guarantee does not cover damage during fitting, accidental or malicious damage, improper use, general wear and tear, damage due to poor installation or knock-on consequences;
21.5.2 we will replace products which are defective. Where the products are no longer available, we will aim to provide a suitable alternative product;
21.5.3 all our products must be installed in accordance with the installation instructions and by qualified professionals and in accordance with local water bylaws. Failure to follow the correct installation instructions will void the guarantee;
21.5.4 where you want to claim under the guarantee, we must be given the opportunity to inspect the products on site or remotely (at our choice). Our products should not be removed or destroyed before inspection without our consent;
21.5.5 we may apply a call out charge if our investigation reveals that the fault is not due to a manufacturing or materials defect;
21.5.6 where we are satisfied that a defect has arisen because of faulty manufacturing or materials we will repair or replace the products (at our choice) free of charge to you. If we choose to replace products that are no longer available we will replace with a suitable alternative products;
21.5.7 our guarantee does not cover damage and or malfunction caused by inappropriate cleaning and only cleaning products recommended should be used;
21.5.8 our guarantee does not cover limescale build-up, corrosion, mould and mildew build-up and associated issues;
21.5.9 our guarantee only covers the products and/or any spare parts needed to rectify any issues. We are not liable for any reinstallation or fitting costs relating to the replacing of any spare part or replaced products;
21.5.10 our guarantee does not cover the use of the products in non-domestic situations; and
21.5.11 our guarantee does not cover products installed outside of the United Kingdom.
21.6 Our guarantee is personal to you and cannot be transferred to anyone else.
21.7 If you wish to make a guarantee claim, please contact our Customer Service Team.
22 PRODUCT PROBLEMS
22.1 If you have any questions or complaints about the products, please contact us. See clause 27 (Complaints).
22.2 We are under a legal responsibility to supply products that comply with our contract with you. Nothing in these Terms will affect your legal rights.
22.3 If the products (or any part of them) are faulty please contact customer services. We will arrange and pay for the return of the faulty item (either by collecting it from you or asking you to post it to us), allowing us to determine the cause of the fault. Where we establish that a product is faulty, we will replace the product or provide a full refund.
23 SUSPENSION BY US
23.1 We can suspend the supply of a product. We may do this to:
23.1.1 Technical Problems – deal with technical problems or make minor technical changes;
23.1.2 Product Updates – update the product to reflect changes in relevant laws and regulatory requirements; or
23.1.3 Product Changes – make changes to the product.
23.2 We will inform you of how long the suspension will be and the likely delay to the delivery of your product.
23.3 We will give you the right to terminate the order and claim a full refund if the suspension is likely to lead to a delay in delivery of more than 30 days’.
24 CANCELLATION BY US
24.1 We may cancel your order if you break the terms of the contract.
24.2 We may also end the contract for a product at any time by writing to you if:
24.2.1 Payment - you do not make any payment to us when it is due;
24.2.2 Product Withdrawal –where the product has been withdrawn. We aim to let you know at least 30 days in advance and we refund any sums you've paid in advance for products which won't be provided;
24.2.3 Information - you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, such as information to verify your age; or
24.2.4 Delivery - you do not, within a reasonable time, allow us to deliver the products to you.
24.3 We may also cancel your order at any time prior to delivery if we are unable to fulfil your order for any reason. In these circumstances we will refund any amounts paid by you for the cancelled order
25 OUR RESPONSIBILITY FOR LOSS OR DAMAGE
25.1 We don't compensate you for all losses caused by us or our products
25.2 You should inspect products as soon as they have been delivered and report any damage to us within 48 hours of receipt, with the following rules applying:
25.2.1 Installed, Bespoke or Damaged Items – items which have been used, installed or made-to-order will not be accepted as damaged items;
25.2.2 Damage reported - you can choose a full refund or replacement.
25.3 We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
25.3.1 Unexpected - it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
25.3.2 Caused by a delaying event outside our control - as long as we have taken the steps set out in in clause 30.
25.3.3 Your Measurements – any measurements you provide for our use are incorrect.
25.3.4 Avoidable - something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
25.3.5 Business loss - it relates to your use of a product for the purposes of your trade, business, craft or profession.
26 HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use your personal information as set out in our Privacy Notice which can be accessed at [LINK][LINK]. Please contact our Customer Services Team.
28.1 We may vary these Terms from time to time.
28.2 We will provide you with at least 30 days’ notice of changes to these Terms – with details being available on our website and/or sent to you via email.
28.3 Any variations to our Terms will not impact on orders already confirmed by us prior to date the variation takes effect.
29 TRANSFERRING YOUR CONTRACT
29.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and we will ensure that the transfer won't affect your rights under the contract.
29.2 You can only transfer your contract to someone else if we agree to this.
30 DELAYS OUTSIDE OF OUR CONTROL
30.1 We will contact you as soon as possible if our supply of your product is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather).
30.2 We won't compensate you for the delay as long as we have notified you of it and the likely length of the delay.
30.3 Where the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for any products you have paid for, but not received.
31 DELAY IN EXERCISING RIGHTS
31.1 We will aim to enforce these Terms promptly. However, if we delay in enforcing these Terms, we can still enforce it later.
31.2 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
32 SEPARATE TERMS
Each of the clauses of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
33 THIRD PARTIES
The contract formed through these Terms is between you and us and no other person shall have any rights to enforce any of its terms.
34 LAW AND JURISDICTION
These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Version May 2023